Is the tort system completely broken?
Right now, to some frightening degree, the law is whatever the last jury said it is. The law is supposed to be a bright line. It’s not supposed to be made up as we go along. We almost have a system of vigilante justice in the U.S. We don’t have systematic justice. We’re not clear on what the legal boundaries are. Q: Why is it so difficult to get tort reform through Congress? Is the trial bar 100% to blame, or do concerns about federalism, about legislating things that are better left to the states, also cost you votes? A: I really do believe the elephant in the room is the trial bar. A handful of senators are genuinely troubled by the federalism argument, and in a very close vote those things can be the difference between victory and defeat. But were it not for the opposition of the trial bar, we could get things through…. As for federalism, we have to recognize that 45% of all health care is paid for by the federal government. Q: Don’t some class-action and personal injury cases ser
